S Block Welfare Society v. Vidyut Arora

1. These three petitions relate to the Residents Welfare Association of S- Block, GK-1, known as the S-Block Welfare Society. The elections to the said society were held on 30th April, 2017 and the same came to be challenged in a suit filed by some of the residents, being Suit No.

CS SCJ 646/2017 titled Vidyut Arora & Anr. v. S-Block Welfare Society & Ors. In the said suit, judgment/decree was passed on 31st August, 2018. The operative portion of the judgment reads as under: - “Issue No.1 Whether the plaintiffs have no locus to institute the 2019:DHC:6529 present suit? OPD. The defendants have failed to discharge their onus in respect of the issue. The issue accordingly stands decided in favour of the plaintiffs. Issue No.2 Whether the proxy voting was permitted as per the rules framed under the Society's Registration Act and the Indian Companies Act? OPD. The defendants have failed to discharge their onus in respect of the issue. The issue accordingly stands decided in favour of the plaintiffs. Issue No.3 Whether the elections were conducted in contravention of the notification issued by the defendant no.2 himself and also in contravention of the rules under the Society's Registration Act and the Indian Companies Act and therefore the results thereof are liable to be declared as void? OPP. The plaintiff have for the above discussed reasons been able to discharge their onus with respect to this issue. The elections in dispute and the results thereof are being declared null and void for the above detailed reasons. Issues No.4, 5, 6, 7 (4) Whether the plaintiff is entitled to the relief of declaration with respect to the elections held for the period of 2017-2019, held on 30.04.2017 and its consequent result to be null and void? OPP. (5) Whether the plaintiff are entitled to the relief of perpetual injunction against defendant no,3 to 10 acting/holding the office as duly elected members of the Managing Committee of defendant no.1? OPP. (5) Whether the plaintiffs are entitled to the relief of mandatory injunction as prayed for direction for fresh election of defendant no.1 to be conducted for the period of 2017-2019? OPP.” (7) Relief. Issue no.4, 5, 6 & 7 relates to the reliefs sought. They also stand decided in favour of the plaintiffs for the above discussed reasons.

27. Thus, the case stands made out by the plaintiffs for the declaration of the elections conducted on 30.04.2018 to be null and void. Election accordingly stand so declared as null and void. Defendants no.3 to 10 are accordingly restrained from acting/representing themselves as office elected bearers of managing committee of defendant no.1. The managing committee existing prior to the said election to take control of the affairs of the society as adhoc arrangement, till fresh election are conducted by appointment of the Returning Officer afresh, as per bye laws and the rules governing the defendants society.

28. Decree sheet be prepared accordingly.

29. File be consigned to Record Room.”

2. A perusal of the judgment/decree passed by the ld. Trial Court shows that the elections which were held on 30th April, 2017, were declared null and void. Defendant Nos. 3 to 10 were also restrained from acting/representing themselves as the office bearers of the society. The Committee, as it existed prior to the election on 30th April, 2017, was to control the affairs of the society as an ad-hoc arrangement. Fresh elections were directed, in accordance with the bye-laws and rules governing the society.

3. In order to give effect to this decree, Execution Petition No. 229/2018 came to be filed before the Executing Court. In the said proceedings, various orders have been passed, which are impugned in these three petitions.

4. Since the filing of these petitions before this Court, in the execution petition, an order dated 25th November, 2019, has now been passed wherein the Executing Court has issued directions to the SDM concerned to appoint a responsible officer as the returning officer for conducting fresh elections in the society. The Executing Court has directed as under:-

5. The Executing Court also took note of the fact that frivolous applications have been filed by the Decree Holder. As per the above order of the Executing Court, a responsible officer has to be appointed as the returning officer, fresh elections have to be conducted and an authenticated list of eligible voters is to be submitted by the Petitioners herein.

6. The issue that has now arisen is as to who are the eligible voters for the elections to be held. Counsels appearing for both sides have argued with vehemence their respective points of views. The clear dispute is as to the date on which the electoral roll has to be frozen. The submission made on behalf of the Respondents is that the electoral roll should be as of the date when the last election challenged was conducted i.e., 30th April, 2017. On the other hand, ld. counsel for the Petitioners submits that it should be as of the date of the decree i.e., 31st August, 2018 or 31st March, 2019 or today’s date.

7. Allegations in respect of the electoral roll are placed before this Court, which this Court does not intend to go into. The main idea is to now ensure that free and fair elections are held in the society. In order to achieve this, the electoral roll needs to be drawn up. Accordingly, the following directions are issued: - (1) The returning officer shall be appointed by the concerned SDM within two weeks, as per the order dated 25th November, 2019 passed by the Executing court. (2) The electoral roll available in the record of the Executing Court shall now be taken as the basis for the drawing up of the final electoral roll. (3) The electoral roll which existed as of 30th April, 2017, shall be considered by the returning officer and the returning officer shall also obtain information from the Petitioners as to the new members who have been admitted. (4) After considering all the three lists i.e., the list that existed as of 30th April, 2017, the list filed before the Executing Court and the list of members submitted by the Petitioners herein, a consolidated list of eligible voters shall be drawn up by the returning officer, on the following parameters:- (a) In the electoral roll of 30th April, 2017, any persons who have left the society or who have passed away, shall be deleted. (b) If any person whose name is reflected as a member in the electoral roll of 30th April, 2017 has not paid the subscription amount or the membership amount, reasonable time, not exceeding one month, shall be granted for payment of the subscription/membership.

(c) If any members have been inducted after 30th April,

2017, the list of such members shall be prepared, their identity shall be ascertained and it shall be ensured that all the requisite forms and fees have been paid by these new members.